It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following:

A.   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;

B.   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services;

C.   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;

D.   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and

E.   A development pattern in harmony with land use density, transportation and community facilities objectives of the comprehensive plan. (Ord. 1070, 2010)

A.   Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title.

B.   In addition to the requirements of this chapter, planned unit developments shall also be subject to the requirements set forth in section 16.34.010 of this code and other provisions of title 16 of this code related to subdivisions. (Ord. 1070, 2010)

A.   An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holder(s) of an equitable interest in such property.

B.   Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan. (Ord. 1070, 2010)

All uses that may be allowed within the zoning district are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the zoning district; provided, that there is a favorable finding by the council:

A.   That the uses are appropriate with the residential uses;

B.   That the uses are intended to serve principally the residents of the PUD;

C.   That the uses are planned as an integral part of the PUD;

D.   That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and

E.   That a minimum of fifty percent (50%) of the residential development occurs prior to the development of the related commercial or industrial land uses. (Ord. 1070, 2010)

A PUD for the following principal uses shall contain an area of not less than:

A.   Three (3) acres for residential development; or

B.   Five (5) acres for residential use with subordinate commercial or industrial uses; or

C.   Ten (10) acres for commercial use; or

D.   Ten (10) acres for industrial use. (Ord. 1070, 2010)

A.   Required Common Open Space: A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed.

B.   Dedication Of Land For Public Use: A required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and right of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the council.

C.   Maintenance: The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

D.   Clustering: Every property developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. (Ord. 1070, 2010)

Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the commission finds that such exemption will not violate the intent or character of the proposed PUD. (Ord. 1070, 2010)

To provide for an incentive for quality PUD, the council may authorize an increased residential density of up to fifteen percent (15%) of the allowable number of dwelling units. Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases, provided these factors make up a substantial contribution to the objectives of the PUD, which are as follows:

A.   Landscaping (a maximum increase of 5 percent). Streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas;

B.   Siting (a maximum increase of 5 percent). Visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and

C.   Design features (a maximum increase of 5 percent). Street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types.

D.   The fifteen percent (15%) density bonus shall not apply to the housing for "older persons" portion of a PUD which qualifies for the density bonus provided for in section 17.40.090 of this chapter. (Ord. 1070, 2010)

A.   To provide an incentive for communities for "older persons" (55 and over, as defined by the federal fair housing act of 1999, or any subsequent revision thereof) to be included within lower density residential PUDs the council may authorize an increased residential density to allow a maximum of three (3) dwelling units per gross acre within any zoning district which limits density to less than three (3) dwelling units per gross acre specifically and solely for any portion of a PUD planned for a community for "older persons".

B.   Character, identity, landscaping and architectural/siting variation are to be incorporated into any community for "older persons". The community may consist of single-family, two-family or multi-family dwelling units, or a mixture thereof, and should be clustered and include amenities for "older persons". Zero lot line development with common open space areas shall be the only type of development permitted to be considered for such an increase. The zero lot line development shall allow for minimal front and/or rear yard areas for each residential unit if proposed by the developer and approved by the city. However, the exterior side walls of all residential buildings shall abut a common area lot line. The intent of the zero lot line development is to allow for large areas of open space as opposed to a sea of side yard and rear yard fences dividing residential lots. For purposes of this section the minimum lot size referenced elsewhere within this code shall be calculated by considering the entire community for "older persons" as a whole. Also, the PUD shall be designed so the community for "older persons" portion of the development does not abut residential parcels adjacent to the PUD and sufficient buffering be provided as may be required by the city.

C.   The following site criteria must be met in order to consider approval of the density increase for the community for "older persons":

   1.   The land area for the community for "older persons" shall not encompass a land area exceeding sixteen percent (16%) of the total land area within the entire planned unit development;

   2.   The total land area of the entire planned unit development shall be a minimum of eighty (80) acres;

   3.   The entire PUD shall be served by either a municipal or community water and sewer system;

   4.   Any limitations regarding individuals occupying the community for "older persons" must be in accordance with local, state and federal regulations, and must specifically be in accordance with the federal fair housing act as revised in 1999, or any subsequent revision thereof. "Older persons" shall be as defined within the aforementioned act;

   5.   The community for "older persons" shall be prohibited within any 100-year floodplain.

   6.   Open space requirements shall be as follows:

      a.   If the residential lots (not including the community for "older persons" portion of the PUD) meet the minimum lot size requirement or are reduced below the minimum lot size requirements such that no residential lot is less than the prescribed size the entire PUD shall consist of a minimum of twenty percent (20%) of open space.

      b.   If the residential lots (not including the community for "older persons" portion of the PUD) are reduced below the minimum lot size requirement such that any residential lot is less than one acre in size the entire PUD shall consist of a minimum of twenty six percent (26%) of open space.

      c.   Pathways, buffer areas, public park sites, public school sites, and public golf courses and/or driving ranges proposed within any such PUD shall be included, in their entirety, with any other open space areas proposed when calculating the minimum open space required.

      d.   A minimum of one 5,000-square foot clubhouse/indoor recreation facility shall be provided within the community for "older persons" portion of the PUD.

   7.   The final plat shall include a note indicating that the portion of land permitted for the density bonus for "older persons" shall be for "older persons" as defined by the federal fair housing act as revised in 1999, or any subsequent revision thereof. (Ord. 1070, 2010)

A.   When PUDs include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

B.   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.

C.   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner. (Ord. 1070, 2010)

A.   PUDs may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land.

B.   Industrial uses and parcels shall be developed in parklike surroundings utilizing landscaping as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

C.   Project side yards of forty feet (40') and a rear yard of fifty feet (50') shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right of way line and project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times. (Ord. 1070, 2010)

When the PUD also qualifies as a subdivision, the processing of the special use permit and subdivision application shall occur at the same time. The granting of a special use permit for a PUD shall require a preapplication, the submission of a preliminary development plan and approval by the council of a final development plan as specified within this title. (Ord. 1070, 2010)

The developer shall meet with the administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this chapter and the criteria and standards herein, and to familiarize the developer with the comprehensive plan, zoning title, subdivision title and such other plans and ordinances as deemed appropriate. The developer may also meet with the commission or council prior to submitting an application. (Ord. 1070, 2010)

A.   Application For Preliminary PUD: An application for preliminary PUD shall be filed with the administrator by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate:

   1.   Name, address and phone number of applicant;

   2.   Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

   3.   Legal description of property;

   4.   Description of existing use;

   5.   Zoning districts;

   6.   A vicinity map at a scale approved by the administrator, showing property lines, streets, existing and proposed zoning and such other items as the administrator may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;

   7.   A preliminary development plan, at a scale approved by the administrator, showing:

      a.   Topography at two foot (2') intervals;

      b.   Location and type of residential, commercial and industrial land uses;

      c.   Layout, dimensions and names of existing and proposed streets;

      d.   Rights of way;

      e.   Utility easements;

      f.   Parks and community spaces;

      g.   Layout and dimensions of lots and building setback lines;

      h.   Preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the administrator deems necessary;

   8.   Proposed schedule for the development of the site; and

   9.   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within one year.

B.   Written Statement By Developer: The application for preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest.

C.   Public Notice: The same provision for public hearing and legal notification as required for special use permits.

D.   Approval In Principle Of Preliminary Development Plan: Within thirty (30) days after the public hearing, the commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations and its recommendation to the council. The commission's recommendation in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility.

E.   Consideration Before Approval: The council shall consider the general standards applicable to special use permits and criteria for special uses before approving in principle a preliminary development plan. (Ord. 1070, 2010)

A.   Upon approval in principle of a preliminary development plan, an application for approval of the final development plan shall be filed with the administrator by at least one property owner or person having a presently existing interest in the property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within one year from the date of issuance of the approval. At a minimum, the application shall contain the following information:

   1.   A survey of the proposed development site showing the dimensions and bearings of the property lines, area in acres, topography and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;

   2.   All the information required on the preliminary development plan, the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;

   3.   A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposed an exception from the standard zoning districts or other ordinances governing development;

   4.   Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earthwork required for site preparation and development;

   5.   Site plan, showing buildings, various functional use areas, circulation and their relationship;

   6.   Preliminary building plans, including floor plans and exterior elevations;

   7.   Landscaping plans; and

   8.   Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained. (Ord. 1070, 2010)

A.   Within forty five (45) days after receipt of the final development plan, the commission shall recommend to the council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The commission shall then transmit all papers constituting the record and the recommendations to the council.

B.   The commission shall find that the facts submitted with the application and presented to them establish that:

   1.   The proposed development can be initiated within one year of the date of approval;

   2.   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained and the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations;

   3.   The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;

   4.   Any proposed commercial development can be justified at the locations proposed;

   5.   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the PUD and the adopted policy of the council;

   6.   The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;

   7.   The PUD is in general conformance with the comprehensive plan; and

   8.   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed. (Ord. 1070, 2010)

A.   Within forty five (45) days after receipt of the final recommendations of the commission, the council shall either approve, approve with supplementary conditions or disapprove the application as presented. Upon granting or denying the application, the council shall specify:

   1.   The ordinance and standards used in evaluating the application;

   2.   The reasons for approval or denial; and

   3.   The actions, if any, that the applicant could take to obtain a permit.

B.   If the application is either approved or approved with conditions, the council shall direct the administrator to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto. (Ord. 1070, 2010)

The approval of a final development plan for a PUD shall be for a period not to exceed one year to allow for preparation and recording of the required subdivision plan and the development of the project. If no construction has begun within one year after approval is granted, the approved final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved if the council finds that such extension or modification is not in conflict with the public interest. (Ord. 1070, 2010)